Maret Priyanta
Fakultas Hukum Universitas Padjadjaran
Jl. Raya Bandung Sumedang Km. 21, Hegarmanah, Jatinangor, Kab. Sumedang, Jawa Barat
Phone: +6222 84288828, E-mail: maret.priyanta@unpad.ac.id
Achmad Billy Zulqiyami
Fakultas Hukum Universitas Padjadjaran
Jl. Raya Bandung Sumedang Km. 21, Hegarmanah, Jatinangor, Kab. Sumedang, Jawa Barat
Phone: +6222 84288828, E-mail: maret.priyanta@unpad.ac.id
ABSTRACT
Law layout as part of the national legal system has an important role in environment
conservation. Settings spatial field explicitly states that one of the objectives of spatial
planning is the protection function space and the prevention of negative impacts on the
environment due to the use of space. In realizing these objectives, set out the Spatial Plan
(RTR) RTR complementary and hierarchy between national, provincial and district /
municipal general plan and a detailed plan and detailed. One thing that is important in the
preparation of RTR is the formulation of the Strategic Environmental Assessment (SEA)
which is expressly provided for in Article 15 paragraph (2) of Law No. 32 of 2009 on the
Protection and Environmental Management. SEA is the basis for the preparation of the RTR
that space as a place of interaction between human resources, natural resources and
artificial resources in accordance with the functions and purposes. Approach to spatial
planning based on the main functions of the area consists of protected areas and cultivation
area. Currently violation utilization of space, especially in urban areas dominated by
mismatches between the spatial plan and the actual conditions. Lots of green open space
(RTH) that should not be on the building, but in fact stand building and has a valid permit to
use the space of the government. Another violation was the establishment of shopping centers
in the area of governance or education, even areas that have strategic value of the provincial
and national levels. This research is a normative law, namely the emphasis on secondary
data with primary legal materials, secondary law and tertiary legal materials. Specifications
of this research is inferential research, which does not merely describe the facts, but to draw
general conclusions that can be the basis of deduction to determine the measures to deal with
legal problems and describe the position of the problems in the national legal system. Data
were analyzed by juridical qualitative. Qualitative analysis was conducted using the method
of legal interpretation, analogy of law and construction law. Violations of space utilization is
very dependent on RTR prepared by SEA. Preparation of the SEA be important in terms of
quality in order to have compatibility plan drawn up and have the same goals in order to
realize the function of environmental protection. Permit the use of space as an instrument of
control is determined by RTR prepared. Incompatibility plans and field conditions, especially
in urban areas will determine whether an activity or discrepancy can be regarded as a
violation that must be resolved legally. The basic rule of law, basic legislation has an
important role in analyzing a case of violation of land use. Licensing the use of space that is
not in accordance with the RTR does not only have an impact on potential sanctions, both
administrative sanctions, sanctions perdatan, and criminal charge for the licensee, but Law
No. 26 Year 2007 on Spatial Planning explicitly, that the officers are on license not in
compliance with the RTR will be subject to criminal sanctions.
Salinan UNES Journal of Law
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